On 6th November, 2015 at Kasumulu area within Kyela District in Mbeya Region, the accused persons were jointly and together, internationally organized a criminal racket by exporting, to the United Republic of Tanzania, government trophies. They were later on arraigned before the Court of Resident Magistrate for Mbeya at Mbeya.
The accused persons were arrested at Kasumulu while crossing the border from Malawi to Tanzania. During their arrest they were found with unlawful possession of government trophy namely two rhino horns contrary to the penal laws of Tanzania. Thereafter were prosecuted before Kyela District Court.
Zhifei Li, 29, is from the Shandong Province, China. Since 2011, he has owned and managed an antique shop, Overseas Treasure Finding, located in Jinan City, Shandong, China. Li was involved in purchasing, selling and smuggling Asian art andantiques prior to opening his own business.
In November 2004, the defendant Angweng Barong bought a rhino horn from an Indian businessman for 55000 India Rupees. Afterward, he wrapped the rhino horn in white cloth in the secret compartment of a small wooden cabinet (old Tibetan cabinet) and then he paid a local carpenter to board up the cabinet.
On 27 July 2010, at the outbound controls at Heathrow Airport, the appellant presented the UK Border Agency (UKBA) with three CITES re-export permits which had been issued for five rhino horns which he was taking with him in his luggage to Australia.
This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.
The accused and three other men were inside the Ndumo Game Reserve on 19 November 2011 at 17:00. One man was carrying a firearm. Game rangers patrolling in the Reserve caught sight of the men in pursuit of a rhino. The rangers ordered the man to put down the firearm. Instead, he turned and pointed it at the rangers.